Georgia Truck Brake Failure Accident Lawyer

When traveling on the busy highways of Georgia, we expect that the vehicles sharing the road, mostly semi trucks and especially commercial vehicles, have undergone proper maintenance and are in suitable driving condition. Unfortunately, this isn’t always the reality. Truck accidents often occur as a result of mechanical failures. In FMCSA's Large Truck Crash Causation Study, brake problems — including brakes out of adjustment — were coded as an associated factor for 29.4 percent of the trucks studied, more often than any other factor. The study sampled crashes from 2001 to 2003, so treat it as an indication of how common brake defects are rather than a current rate.

Who Is at Fault When a Truck’s Brakes Fail

Determining fault after a brake failure usually involves more than one party. Those who may be held liable include:

• The truck driver.
• The company responsible for loading the truck.
• The employer in charge of maintaining the truck’s brakes.
• The manufacturer of the brakes.

Why would any of these parties be responsible for your injuries?

Let’s explore some possible scenarios.

Brake Manufacturers

The federal government establishes and enforces strict standards for the safety and effectiveness of large commercial truck brake systems. Under 49 CFR § 393.52, a commercial vehicle’s braking system must:

• Meet specific braking thresholds based on a percentage of the truck’s weight.
• Bring the vehicle to a stop from 20 miles per hour within the distance the regulation sets for its class.
• Comply with requirements regarding the automatic brake adjustment system.

If a truck’s brakes fail to meet these standards, they may be considered faulty. If such a failure led to a crash or a death, you may have grounds to file a claim against the carrier or the brake manufacturer. A claim against a manufacturer can rest either on a design that was unsafe from the outset, or on a defect introduced during manufacturing.

Trucking Companies and Drivers

In other cases, the actions or inactions of truck drivers or their employing companies contribute to the failure.

For example:

• A driver might intentionally disconnect or reduce the power to the front brakes to minimize expenses related to brake and tire wear and replacement.
• A driver or trucking company may fail to adequately maintain the brakes or keep maintenance records in accordance with federal regulations. For instance, truck drivers are required to conduct pre-road inspections of the brakes before each shift.
• The loading team must evenly distribute the weight of the truck’s load. Failure to do so may cause the brakes to overheat or malfunction, leading to an accident.

The ability of commercial trucks to stop safely and effectively is crucial for all truck drivers. Properly maintained brakes enable drivers to respond appropriately to other vehicles, motorists and changes in road conditions. When brakes fail because they were poorly maintained, or because someone tampered with them, the consequences are frequently catastrophic.

Every day, people in Georgia suffer injuries due to truck accidents. After receiving medical care for a collision with a tractor-trailer or other commercial vehicle, it is important to contact an attorney experienced in investigating truck crashes. You are unlikely to be able to establish what went mechanically wrong on your own; that requires the maintenance file, the inspection records, and often an expert examination of the vehicle before it is repaired or scrapped. The truck accident lawyers at Georgia Auto Law have experience handling personal injury and wrongful death claims resulting from truck crashes.

Arrange Your Free Case Evaluation

Victims of trucking collisions often face concerns about covering their future medical expenses, bills and expenses, compensating for lost wages, and restoring their financial security. Brake failures frequently produce severe injuries, and having an experienced attorney during this period is what gets the vehicle preserved and the records demanded before they are gone.

Your claim begins with a free consultation. One of our Georgia Auto Law truck accident attorneys will review the details of your case and help you determine the next steps.

FAQs

Q1: What are the common causes of truck accidents in Georgia?

A1: Mechanical failure is a major contributor, and brakes are the most common mechanical problem of all — FMCSA's Large Truck Crash Causation Study coded brake problems as an associated factor for 29.4 percent of the trucks it examined. Brakes out of adjustment are a recurring theme in that data.

Q2: Who can be held responsible for faulty brakes after a truck accident in Georgia?

A2: Several parties may be responsible after a truck accident in Georgia: the driver, the company that loaded the truck, the employer responsible for maintaining its brakes, and the manufacturer of the brakes themselves. More than one is often liable at the same time.

Q3: Can I file a claim against a trucking company or brake manufacturer if the brakes failed to meet federal safety standards?

A3: Yes. The federal government sets strict standards for large truck brake systems, and brakes that do not meet them may be considered defective. That gives you grounds against the carrier, the manufacturer, or both, depending on where the failure originated.

Q4: How do drivers and commercial trucking companies contribute to brake failure accidents?

A4: In several ways. Intentionally disconnecting or reducing power to the front brakes to cut wear costs; failing to maintain the brakes or to keep the maintenance records federal regulations require; and loading the truck unevenly, so the brakes overheat and fade.

Q5: Why does it matter that the attorney has investigated commercial truck crashes before?

A5: Because the evidence that establishes a brake failure is held by the carrier and does not survive long. Maintenance and inspection records must be demanded formally, and the vehicle itself needs examining before it is repaired or sold. An attorney who has handled truck crashes knows what to ask for and how quickly.